Caesar Agnelo Mascarenhas And ANR., v. The Custodian Of Enemy Property For India And 2 ORS.,

WP-346-16 Santosh

IN THE HIGH COURT OF BOMBAY AT GOA

1. Mr Caesar Agnelo Mascarenhas and his wife

2. Mrs Maria Ella A. Mascarenhas, power of Attorney holder of Petitioner No.1.

Both major, residents of H.No.81, Falwaddo, Arossim, Cansaulim, Mormugao, Goa.

Mr Nigel da Costa Frias, with S. Misquita and Mr Shane Coutinho, Advocates for the Petitioners.

Mr Pravin Faldessai, Addl. Govt. Advocate for Respondents No.2 and 3.

WP-346-16 DATED : 23rd OCTOBER 2024.

1.

Heard learned Advocate Mr Nigel da Costa Frias for the Petitioners and learned Addl. Govt. Advocate Mr Pravin Faldessai for Respondents No.2 and 3.

2.

The reasons as recorded in the order dated 26/11/2019 in Writ Petitions No. 245/2018 and 1187/2018, operative portion of which is at para 48, will equally apply to the present case. The Petition is therefore allowed. Impugned order dated 08/10/2010 along with the Certificate, is set aside. The Respondents may proceed further with the matter in terms of the directions contained in paragraph 48 of the decision in Writ Petitions No. 245/2018 and 1187/2018.

3.

The Writ Petition is allowed and disposed of. Rule is made absolute in the above terms. No costs.

VALMIKI MENEZES, J. M. S. KARNIK, J. Signed by: SANTOSH SHRIDHAR MHAMAL Designation: Senior Private Secretary to the Hon'ble Judge Date: 06/11/2024 12:17:58